William Jodson, Appellant v. William Corcoran

• Decision Date: 01 December 1854
• Citation: 17 How. 612,15 L.Ed. 231,58 U.S. 612
• Parties: WILLIAM JODSON, APPELLANT, v. WILLIAM W. CORCORAN
• Court: U.S. Supreme Court

58 U.S. 612

17 How. 612

15 L.Ed. 231

WILLIAM JODSON, APPELLANT, v. WILLIAM W. CORCORAN.

December Term, 1854

THIS was an appeal from the circuit court of the United States for the District of Columbia, holden in and for the county of Washington.

The case is stated in the opinion of the court.

It was argued by Mr. Lawrence and Mr. Coxe, for the plaintiff in error, and by Mr. Bradley and Mr. Carlisle, for the defendant.

Mr. Justice CATRON delivered the opinion of the court.

Judson brought this suit in equity, to recover $6,000 from William W. Corcoran, in whose favor a decree had been made for about $15,000, by the board of commissioners acting according to the 15th article of our treaty with Mixico of 1848.

Corcoran claimed, as assignee, under Bradford B. Williams

and Joseph H. Lord, who were owners of the cargo of the ship Henry Thompson, and which was unlawfully seized and confiscated by the authorities of Mexico.

The claim having been presented to the mixed commission under the convention between the United States and Mexico, of April, 1839, the American members of that board made a report in favor of the claim; but the Mexican commissioners not concurring in the opinion of their colleagues, the case was referred to the umpire, and was returned by him without a decision. It therefore constituted one of that class of cases embraced in the 5th article of the unratified convention of the 20th November, 1843, and which is referred to and incorporated into the 15th article of the treaty of peace of Guadaloupe Hidalgo; and having been modified in some of its provisions, the ratifications were exchanged on 30th May, 1848.

On the 3d March, 1849, an act of congress was passed to carry some of the provisions of this treaty into effect. Among other things, it provided for the establishment of a board of commissioners, 'whose duty it shall be to receive and examine all claims of citizens of the United States upon the Republic of Mexico, which are provided for by the treaty, and to decide thereon according to the provisions of the treaty.'

On the 11th of June, 1845, Bradford B. Williams assigned one half of his interest in the claim in dispute to E. H. Warner. August 15, 1845, Warner assigned the same interest to William B. Hart. October 15, 1846, Williams assigned to Hart the residue of his interest. October 3, 1846, Joseph H. Lord assigned to Hart all his interest in the claim. June 18, 1847, Hart assigned the whole claim to William W. Corcoran.

'By these several assignments, (says the late board,) the whole became vested in the said William W. Corcoran, and the award was therefore made in his favor.'

On the first day of January, 1845...